worked well in practice. They have had no adverse effect upon the military mission of the armed forces or the morale and discipline of its members. PUNISHMENTS  IMPOSED When we hear the term Status of Forces Agreements, many of us think of the trial of our military personnel by foreign courts for crimes committed overseas. That association of thought is natural. Criminal jurisdiction is one of the most important aspects of the Status of Forces Agreements, and certainly the one that has always received the most publicity. Each publicized report of an American service member being tried for a serious crime by a foreign court brings public outcry from Americans. Most Americans believe the offender should be tried by United States military  authorities. Comparisons have shown that normally a sentence imposed by a foreign court has been extremely lenient. There have been no instances of cruel or unusual punishment. If you consider the large number of United States personnel stationed overseas and the small number of persons confined in foreign jails at any one time, you can see that the number confined is minimal. In all but the most serious offenses, confinement is suspended and the offender is returned to the United States for reassignment or discharge. CONFINEMENT AND CUSTODY Equally lenient has been the attitude of the foreign governments with regard to confinement and custody. Most SOFAs provide that the United States military authorities may retain custody of an accused military member until all judicial proceedings, including the appeal, have been completed. If a person is eventually sentenced to confinement in a foreign prison, American authorities are permitted frequent visits to ensure the person is being well treated. In addition, the person is allowed to receive health-benefitting items,    items of comfort, and food items considered a necessary part of an American’s diet. RIGHTS OF SERVICE MEMBERS The Department of Defense protects to the maximum extent possible the rights of American personnel who may be subject to trial by foreign courts and imprisonment in foreign prisons. One of the most significant safeguards afforded a military member is the right of the United States to have an official observer (legal representative) at the trial. (The legal representative’s duty is to determine whether the accused military member received all the rights guaranteed by the Status of Forces Agreement.) The legal representative also determines if the member received all other rights of due process of law that the person would have had if tried in a U.S. state court. A military member tried in a foreign court has one significant advantage over fellow military members facing trial in the United States. Congress has passed legislation that allows the armed services to pay attorney fees and court costs as well as to provide bail in appropriate cases. The Department of Defense has liberally followed that statute, and large numbers of military members have taken advantage of its provisions. When you are in a foreign port, remember you are a guest in that country and are subject to that country’s laws and legal procedures. Also remember that whatever privileges service members possess, as compared with ordinary visitors or tourists in that country, they possess them only by special consent oft he host country. Because of the host country’s special consent, you are allowed to drive in that country based on your U.S. driver’s license. You do not have to pay customs duty or taxes when bringing household goods and personal belongings, including your car, into the host country. You are allowed to enter and leave the country on military orders alone without a passport or visa. Remember that as a guest in a foreign country, you are subject to that country’s criminal laws and procedures. If you violate those laws, you may find yourself on trial before a foreign court. Only by the consent of the host country can you be tried by the courts of your own service for offenses committed on foreign soil. That is permitted only because of the Status of Forces Agreements, not as a matter of absolute right. SUMMARY The preliminary inquiry is an important part of the premast procedure. You are an impartial investigator and should seek to find all the relevant facts of the case. Your job is to provide the commanding officer with all the information so that he or she can make a decision concerning the accused. United  States  Navy  Regulations,  1990 describes the procedures, authority, and com- mand of offices within the Department of the 2-21